GA 287
CYPHER/CAT A
FM FCO 2917052
CONFIDENTIAL
CONFIDENT IAL
RECEIVED IN REGISTRY No. 51
30 JAN 1974
HKK141
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TO ROUTINE HONG KONG TELNO 113 OF 29 JANUARY, 1974
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8
YOUR DESPATCH OF 7 JANUARY: VACANCY FOR SENIOR PUISNE JUDGE.
1. NOW THAT YOU ARE REVERTING TO THE PROPOSAL TO SET UP A
PERMANENT COURT OF APPEAL (YOUR TELNO 67), WE SHALL NEED TO
CONSIDER WHETHER THE POST OF SENIOR PUISNE JUDGE SHOULD BE
RETAINED AND IF SO WHAT ITS STATUS WILL BE IN RELATION TO ANY NEW POSTS ON THE COURT OF APPEAL. SIR DAVID TRENCH IN
HIS LETTER OF 5 MAY 1970 TO SIR LESLIE MONSON SUGGESTED THAT
THE POST MIGHT BE ABOLISHED AT THE TIME OF THE APPOINTMENT
OF AN APPEAL JUDGE OR JUDGES. UNTIL THIS IS SETTLED, WE
SUCGEST THAT THE POST OF SENTOP PUISNE JUDGE SHOULD REMAIN
VACANT.
2. IF AND WHEN IT IS DECIDED TO FILL IT, WE SHOULD WISH TO
HAVE YOUR REASONS OTHER THAN AGE FOR THINKING PICKERING MORE
SUITABLE THAN HUGGINS FOR PROMOTION IN SPITE OF THE LATTER'S
SENIORITY. EXCEPT FOR ONE REMARK IN PICKERING'S LAST CONFIDENTI AL
REPORT, HUGGINS' REPORTS SEEM BETTER AND IT WOULD SEEM UNJUST
TO HIM TO PASS HIM OVER. GRATEFUL FOR YOUR COMMENTS.
3. DECISION ON THE APPOINTMENT OF A NEW PUISME JUDGE COULD
ALSO PERHAPS WAIT UNTIL THESE QUESTIONS ARE SETTLED. MR PETER REES QC MP HAS BEEN TO SEE US TO SUPPORT FROM HIS OWN POSITION
AS A SENIOR MEMBER OF THE UK BAR THE PLEA THAT SOME HONG KONG
JUDGES SHOULD HAVE HAD WIDE CIVIL EXPERIENCE. HE EXPRESSED NO
HIGH OPINION OF THE HONG KONG BAR BUT SUGGESTED THAT WE SHOULD
EXPLORE ONCE AGAIN THE POSSIBILITY OF APPOINTMENTS FROM THIS
COUNTRY. WE SAID WE DID NOT RULE THIS OUT, BUT OBVIOUSLY ANYONE SO APPOINTED WOULD HAVE TO BE QUITE OUTSTANDING AND WOULD BE
DIFFICULT TO FIND. WE MIGHT NOWEVER DISCUSS THE MATTER AGAIN
WITH THE LORD CHANCELLOR'S OFFICE. WOULD YOU LIKE US TO PURSUE
THIS?
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